1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for six months;

3. However, for a period of one year from the date this ruling becomes final and conclusive.

1. The main point of the grounds for appeal is that the sentence (five million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. Determination is recognized that the Defendant recognized each of the crimes of this case, and it is against the Defendant, and that the Defendant was the first offender who had no record of punishment. D, who committed the crime of obstructing the performance of official duties of this case, did not want to be punished against the Defendant, and the Defendant wanted to be punished against the Defendant.

However, the crime of interference with the execution of official duties of this case was committed by the defendant without any special reason, and the crime of interference with the execution of official duties was committed by the victim police officer who was on duty within the police box without any justifiable reason, and the crime of interference with the execution of official duties requires strict punishment as an act impeding the function of the state's legal order and order, and the crime of special intimidation of this case was threatened by the shoulderer soldier, which is a dangerous object of the victim G at the end of the minor end of the time when the defendant was dead, and it is recognized that the victim G wants to

In addition, considering the various circumstances such as the defendant's age, sex, environment, family relationship, motive, background, means and consequence of the crime, the circumstances after the crime, etc., the sentence of the court below is too unfeasible and unfair.

Therefore, prosecutor's assertion is justified.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Articles 284 and 283(1) (the point of special intimidation) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The Criminal Act, the suspension of execution;